Crown-Indigenous Relations Minister Rebecca Alty says there is a lot of misinformation and fear-mongering coming from 'bad actors' about the agreements.Justin Tang/The Canadian Press
Crown-Indigenous Relations Minister Rebecca Alty says a recent rights agreement between the federal government and Musqueam First Nation does not mention private property rights because they are provincial authority.
The agreement has further ignited worries about how Indigenous claims intersect with private property rights after an explosive court ruling in British Columbia last August. Ms. Alty made the brief comments to reporters Thursday as she headed into a cabinet meeting.
The Musqueam deal acknowledges the existence of constitutionally protected Aboriginal title and creates a framework to implement Musqueam’s rights and title in their traditional territory. It is accompanied by two other agreements that create a framework for shared decision-making over fisheries, marine stewardship and land use. Where that title will be recognized, and what rights will be affirmed, are yet to be negotiated.
The agreements, which were announced in a little-noticed news release Feb. 20, have sparked criticism because the Musqueam’s traditional territories span approximately 533,000 hectares, including much of modern-day Vancouver, Burnaby, Richmond and Delta.
How Indigenous claims to territory affect private property rights has become a much-debated question since a B.C. Supreme Court justice ruled in the Cowichan decision last August that Aboriginal title is a “prior and senior right” to land, over and above the “fee simple” title that private landholders have.
The agreements were also criticized by the neighbouring Squamish, whose claims to traditional territory overlap with the Musqueam’s. The chair of the Squamish Nation Council, Sxwíxwtn (Wilson Williams), said his nation was not consulted by the federal government.
Mr. Williams has said the Squamish will challenge any agreement that detracts from their own claims.
Both Ottawa and Musqueam say private land is not on the table, but that is not spelled out in the agreements.
“It’s provincial authority,” Ms. Alty said Thursday, when asked why private property was not included.
“The Musqueam deal is bilateral between the federal government and Musqueam. And so it’s not about private property rights. It’s about sitting down, continuing discussions.”
Ms. Alty said there is a lot of misinformation and fearmongering coming from “bad actors.”
When asked whether the federal government needs to therefore speak more clearly, Ms. Alty agreed and said it will be putting out plain-language communications to ensure people understand what these agreements are and how they differ from title agreements and modern treaties.
Alec Wilson, a spokesperson for Ms. Alty, said the minister will be putting out a series of videos on social media explaining what these agreements mean in plain language. They are expected to start rolling out around late this week, he said, with others to follow.
While the text of the agreement does not reference private property, the Musqueam say it does protect landowners within their traditional territories.
The agreement creates a framework for negotiations, but it includes a clause that says it is not a constitutionally protected treaty or land claims agreement.
That means, according to a statement from the Musqueam chief and council to their community on March 5, the deal does not assign land title over private property (fee simple land) in Musqueam’s unceded territory.
“Musqueam is not using this agreement to go after private property,” the statement said.
Conservative Leader Pierre Poilievre said Tuesday his party believes in private property rights and is determined to protect them.
“It is up to the federal government to show that they are taking every step to ensure private property is protected,” he said, including that people’s homes will always be theirs and that they will be able to buy and sell them without any risk to the title of legitimate owners.
Editor’s note: A previous version of this article incorrectly stated that Crown-Indigenous Relations Minister Rebecca Alty was making her first comments about the agreements when speaking to reporters Thursday. She made her first comments March 3.